We Americans live in a litigious society. There are too many “lawsuit-happy” individuals, hiring too many greedy ambulance chasers, who are filing too many frivolous lawsuits! So the story goes. The truth is that a great many legitimate claims will never walk through a lawyer’s front door.
Not Knowing Their Rights
It’s hard to believe but, at a time with so much lawyer advertising, some accident victims are ignorant of their rights. With “free consultation” plastered everywhere, why someone injured in an accident would not consult with a lawyer is hard to understand. I chalk it up to the belief that the word “free,” like the word “sale,” has simply lost it’s meaning. No one believes it… there’s got to be a catch!
Thinking They Can Handle Their Own Claim
The insurance adjustor of the guy who just rear-ended you, and sent you to the hospital, tells you there is no need to hire a lawyer. He will fairly settle your claim. And I have a bridge in Brooklyn I’d like to sell you! While that insurance adjustor might be friendly, he is not your friend. His job is to settle your claim for the least amount of money possible. To be honest, there are some claims that are just too small for lawyers to handle. Those are the only types of claims you should try to manage yourself. How do you know if your claim is too small for a lawyer? Simple. You call a few lawyers and they tell you… or you get a call from an insurance adjustor wanting to settle your claim! If they’re talking settlement, they know you have a good case a lawyer would take!
Not Wanting To Sue A Friend Or Relative
Most people feel uncomfortable making a claim against a friend or relative. They don’t want to create trouble. They do not want to hire a lawyer who will drag that person into court by suing. What most accident victims don’t know is that the great majority of cases never go to court. In fact, many cases are settled without even serving a summons on the negligent party. Most cases are settled out of court directly with an insurance adjustor. The money doesn’t come out of the friend’s pocket but that of the fat insurance company.
Not Wanting To Give A Lawyer 33% Of Their Settlement
Personal injury lawyers generally work on a “contingency fee” basis. They will get paid a percentage of the settlement amount, usually one-third or more, depending on the state. So why hire a lawyer when you can settle the case yourself and pay a zero fee? Simple. Studies have shown that accident victims represented by an attorney will end up with more settlement money… even after the lawyer’s fee is taken into account! The layperson is usually not as skilled a negotiator as is a seasoned attorney. An attorney knows the value of a case. A lawyer can use various negotiating tactics not available to the injured party representing himself. Abe Lincoln famously said, “He who represents himself has a fool for a client.”
Thinking They Are Precluded From Suing Because They May Be Partially At Fault
While there are still a few states that preclude an accident victim from recovering compensation if they in any way contributed to their injury (Alabama, Virginia, Maryland, North Carolina), most states allow for recovery even if the accident victim was partly at fault. If you are the driver involved in an intersection accident with another vehicle, you may be found 45% responsible for the accident. You still can collect 55% of the value of your case from the other driver’s insurance company, i.e. if your case is valued at $100,000, you still collect $55,000! A skilled lawyer will try to get your percentage of responsibility the lowest possible.
Kevin says
July 12, 2016 at 4:18 amYes, you are right. I totally agree with you that many people don’t want to meet a injury lawyer after facing an accident. They think they personaly can handle that. You got the best five reason and explain clearly. Thank you.
Rex says
August 3, 2016 at 3:32 pmAs to reasons 2 and 4 there is some hard data that should be considered. Research has been done by several groups and individuals on whether it pays to hire a lawyer. So far all have come up with the same results. Here’s a summary:
In his book “The Injury Industry and the Remedy of No-Fault Insurance” Jeffery O’Connell stated the following: “Studies tend to show that hiring an attorney not only increases the chance and amount of payment but leaves more net payment for the claimant even after deducting his attorney’s fee.”
“According to one statistical study conducted at the Columbia Law School, `the claimant who retains an attorney improves his chances of recovery; and, in addition, `the increment to the victim who retains an attorney is large enough so that, even after the attorney’s fee is deducted, he will “net” more than if he had handled the case himself.”
Finally, the insurance industry’s own research has shown that people who have an attorney receive, on average, far more compensation than people who handle their own case. The Insurance Research Council (IRC), an organization funded by insurance companies, did a study in 1999 comparing settlements paid to accident victims who hired attorneys with settlements paid to people who handled their own cases. The IRC study showed that people who hired an injury attorney received 3 ½ times more money than those who didn’t hire an attorney.
Conclusion: most of the time hiring an experienced personal injury attorney will result in more money for you, without the problems and stress of dealing with the insurance company yourself.
April Cook says
August 17, 2016 at 8:37 amI had no idea that you could still recover compensation even if you were partially at fault. Who is it that decides who is at fault? Will a judge decide this when you sue the other party? It might be smart to let your lawyer figure out how much fault you can place on the other party before taking blame for anything. I’ll remember this is I am ever in an accident. Thanks.
Rex says
August 17, 2016 at 12:53 pmIn the end it is the jury who decides partial fault. But, most cases never get to a jury so it is usually the lawyer for the injured person conferring with a claims adjuster to decide apportionment of fault.
Lillian Schaeffer says
September 22, 2016 at 7:16 amThis is some great information, and I appreciate your suggestion to call a few lawyers to see if your claim is too small for an attorney. My husband was in a car accident, and we’d like to take legal action, but we’re not sure if that’s a good option in our situation. We’ll definitely call several attorneys to get some professional input on whether or not we should fight this. Thanks for the great post!
Megan O says
January 7, 2017 at 8:03 amI am not surprised at individuals’ hesitation to hire a lawyer in many situations. However, I think the explanations here should put some minds at ease. Just like people shouldn’t treat themselves for medical conditions (with the help of Dr. Google) and consult a doctor. In the same sense, in many situations, consulting an expert in the law is the right thing to do.